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Jay Moynihan Community Resource Development Room 101 Shawano County Courthouse 311 N. Main street Shawano, Wisconsin 54166 U.S.A. (715) 526 – 6136 [email protected]

Prepared for LSC Madison Trip in March 2016 Version 02262016 This is supplemental this year to the paper handout.

Shoreline land Use Contents: Issues as viewed by…. page 1 Science Meets Policy….page 1 The Basic Science….page 2 State government systemic diagrams page 7 Jay’s Three Rules of Understanding What Politicians Do, …. page 8 A brief, 100,000 foot View of Shoreline Zoning and Riparian in Wisconsin…. page 9 Power of Words page 11 A Sketch of a Viewpoint Tendency Continuum …. Page 13 Two important factors in any political debate: Economic Interest and Ideology Page 14 ______Issues as viewed by:

Wisconsin League of Conservation Voters

http://conservationvoters.org/issues/oppose-the-kneecapping-local-communities-bill/

http://conservationvoters.org/issues/special-interest-grab-bag/

Wisconsin Realtors Association The link on their site re The Environment & Land Use has been down for a awhile. Here are PDF legislative reports, that contain some entries re zoning/shoreline issues. https://www.wra.org/Priorities/ A news release from WRA on Act 55 (the 2015-2017 budget) impact on shoreline zoning https://www.wra.org/WREM/July15/Shoreland/

Science Meets Policy Material on the issue from the Wisconsin Lakes Association

http://www.wisconsinlakes.org/index.php/shoreland-and-waterways

http://www.wisconsinlakes.org/index.php/shorelands-a-shallows

1 The Basic Science:

The really basic science:

1. Water runs down hill

2. Water is a “universal” solvent. Water dissolves almost everything. It can do it by our standards quickly:

Or so slow, you may not live long enough to see the result:

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Every freshwater river, stream and lake have a “Watershed”: Is a drainage area, where surface water from rain, melting snow, or ice flow/converge to a lower elevation, usually a waterbody, such as a river, lake, reservoir, estuary, wetland, sea, or ocean.

Example: Shawano Lake Watershed

3 Water in Shawano Lake: ü Comes in from watercourses that empty into it, rain, boaters, and what runs off the shoreline ü Flows into the Wolf River Watershed ü Flows into Lake Winnebago ü Flows into the fox River Watershed ü Then into the Green Bay of the Lake Michigan Watershed ü Into Lake Michigan ü Then Lake Huron ü Then Lake Erie ü Flows into the St. Lawrence River ü Finally, into Ocean

Scientifically, what is “Water Quality”

Science can tell you about water, but its “quality” depends on the non-science question, …well, for what purpose? Generally, the default mindset of a scientist is water “quality” is judged by how well it works in the normal functioning of animal, plant and Fungi cells. For living things on earth, water is the most important thing. You for example are about 60% made of water if you are an adult. If you are a baby, it is about 75%. Lets call this the “Cellular View”

Historically, there is a strong link between human quality of life and the amount of fresh water available and its quality in the cellular sense.

The quality of the water in water “body” equals, A dynamic set of factors of dissolved chemistry and particulate matter in a multi-scale, multi causal interaction; comprised of: · What falls into it · What flows into it · What drains off the shore into it · The relevant characteristics of the flora and fauna in it · If there is a spring in it, upwelled ground water

The future of fresh water

Fresh water will be here for a very long time. We can deduce that from what we have learned about water in Mar’s past wetter nature, and extremely dry present, and around the rest of the solar system. The interesting part for us, is the fresh water available bottom line. Fresh water for putting into our bodies and growing food. All monitoring and studies conclusively predict that quality fresh water (using the “cellular view” of quality is decreasing on a planetary basis. Apparent causality is the combination of factors: · Groundwater aquifers being pumped at a rate & amount by humans past their recharge rate and water available to them via the water cycle

4 · Salinization during use in human agriculture · Apparent increasing evaporation rates · Increased glacial melt1 and its increasing rapidity · Increasing toxification2 · Decreasing number of fresh surface water bodies3

Current use information:

1 Spring/summer run off from glaciers is the major source of surface fresh water for much of the world’s population. It eventually runs into ocean and becomes salt water. 2 I use a very simple definition for toxic; anything chemistry that interferes with a cellular process. Something is Toxic to a varying degree to different living things. If the chemistry in question is disruptive of human cells or animals or plants we rely on, then I use the phrase word toxification. 3 Human eradication of wetlands, ponds, and drawdowns, etc. In some locations, natural processes accelerated by rapid climate change. 5

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Jay’s Three Rules of Understanding What Any Politicians Do Above the Rural-Local Level

1. The Golden Rule, i.e., those with the gold make the rules

2. If you want to figure out their motive, do not rely only on what they say. Instead, study the measure, analyze its impact on the relevant different types of people/groups, and then make the assumption the politician knows what he or she is doing

3. Follow the money

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8 A brief, 100,000 foot View of Shoreline Zoning and Riparian Rights in Wisconsin

Shortly after Republican President came to office in 1901, he sent his Secretary of Agriculture to a national forestry convention in Chicago. There, in explaining Teddy’s new Forestry Service, the secretary told the assembled logging company folks that if they did abandon the mining model of forestry and adopt the agricultural model of it, they would be nationalized. They knew Teddy did not bluff. So, among other things, the cutover that was the northern half of Wisconsin was done. The lumber companies who still owned the land advertised in European papers to sell “cheap land” to any immigrant who could use a plow. Many came. As the land filled, the way folks used land would tend to conflict with neighboring uses. You see, there was no zoning. You could put the dynamite shed next to the school next door. If the shed exploded, the shed owner would be liable for the resulting damage to person and property at the school. Sounds fair, right? Then there were the random fires, the garbage going into the river from your slaughter house, and the neighbors complaining. Etc.

Local Governance

So the Republican controlled Progressive state government came up with a new concept called “rural zoning”. The rest is the history of land use planning and regulation. One remnant of the Progressive days, was the idea that control over zoning should be held as locally as possible. So the counties, towns villages and cities were given the zoning powers and the power to regulate land use.

“Big Government” and “Unfunded Mandates”

Starting in the late 1960’s and the 1970’s that changed. As we began to realize the extent of the environmental mess we had, a mess that did not obey political boundaries. A bi-partisan state government started to mandate some scientifically based local zoning, land use and water quality requirements. As the years past, the state role grew. In the 1980’s the Wisconsin Republicans and Democrats started to have different views about “the environment” in principle. The state interference with local control though did not end.

Parry & Thrust

As the 1980’s rolled into the early 1990’s the two parties dueled along the following line, neither of which substantively aided local control over decision making. The Democrats tried to maintain a semblance of “science” based regulation, while worked to eliminate regulatory roadblocks on land use and water quality that might lie in the path of some businesses and developers. By the beginning years of the new millennium, they had fought to a stalemate. In 2010 - present, the Republicans upped the ante more with their

9 own state level shoreline zoning and other water regulation of local land and water. Correspondingly, local government control decreased.

In conversations with Republican friends they appear not to perceive this as their own form of “big government”, since it gives individuals and businesses more choices. This is consistent with the rise of neoliberal thought and resulting changes. Those that see current state republican bills as “big government,” tend to differentiate between “public” and the “private” along more traditional lines.. That is the classic small r republican (res publica i.e. the public thing) view wherein people through elected government govern what is shared between individuals. Traditionally, they wanted the governing as local as possible.

Residential land on the edge of a water body is more valuable monetarily than the same land inland, all other things being equal. The battle at the shoreline reflects broad, interesting changes in Wisconsin politics over the last 150 years.

Ø The rise in the mid 19th century in Wisconsin of a farm/labor party opposed for economic reasons to slavery, ( the Republican Party) Ø This was in opposition to the status quo party made up of Northern financial interests and the South, that held strongly to the “sanctity” of property & contract (Democrats) Ø The entry into power at the national level and in our State’s government of the Progressives (the then dominate wing of the Republican Party) that had substantial public policy goals Ø The changes in and the multi-winged Democratic & multi-winged Republican parties from the Depression until approximately 1980 Ø The rise to dominance of the Republican Party by , and its growth also in the Democratic party

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The Power of Words

Did you know that:

Very slightly before you consciously decide to do something, your brain is already sending the directions to do it to the rest of your body system?

Another thing neurology and cognitive studies tells us is when we hear a word or see an image, or take in any sensory data, the limbic system reacts slightly before the cortical areas of the brain. This means we “think” emotionally first, and the subsequent higher brain function/calculation is skewed by the emotional reaction.

One more point, apparently every time we recall something, i.e. remember something, it actually changes the memory, imparting new relational connections to it related to the circumstances at the time of recall. When that memory is recalled again, you are actually recalling a slightly different memory.

One more thing, that research says may be in the “wetware”:

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Why are these 4 points important

The using the interplay of facts that put food on the table by modern political consultants/speech writers etc. to many modern candidates/politicians.

Hyperbolic Discounting “normally” built in here

Your Sensory Emotional Cortical Brain system thought or Input Filter Analysis "decides" act

For each of us this is “black box”, If the emotional factor is strong enough, an unconscious, un- monitored stage you may skip cortical analysis

What a modern political wordsmith wants to trigger

“Eighty percent of our life is emotion, and only 20 percent is intellect. I am much more interested in how you feel than how you think. I can change how you think, but how you feel is something deeper and stronger, and it's something that's inside you. “

Frank Luntz Wordsmith & political consultant

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A Sketch of a Viewpoint Tendency Continuum {with a few examples}

Property Rights

“Law, , and property are an inseparable trinity” Fredrick Hayek

Who can do what where? Personal Liberty My family and I

Realtors & developers

Builders Gun possession advocacy groups Chambers of commerce in more human-impacted areas

Industrial agribusiness “Hunting” advocacy groups

Boat fishing and Non-Trout Fishing Groups

Chambers of commerce in “scenic” areas

Small “organic” & niche agribusiness Arts business organizations

Trout fishing groups “Quiet sports” and scenery-based tourism businesses

Environmental organizations

Group Rights

“Taxes are the price of civilization.” Mr. Justice W. Holmes Community Public lands Water quality Sustainability 13 Two important factors in any political debate: Economic Interest and Ideology

Economic Interest Perhaps the key concept in politics. Economics is the term used for the most complex expression of “reciprocal altruism4” (cooperation for mutual benefit) known. An individual’s economic interests will be influenced by many things. The major ones being short term self interest, kinship altruism5 relationships and tag/contingent altruism relationships.6

Relevance.

· Economic interest, combined with one’s position in a social hierarchy, can be the major factor in which ideology one ascribes to, and therefore what words may affect their views and political decisions. · Perhaps the most common factor people share in regard to a political issue is, what does this mean to my “pocket book”?7

Ideology

An ideology is a set of ideas that constitutes one's goals, expectations, and actions. An ideology can be thought of as a comprehensive vision. The main purpose behind an ideology is to offer either change in society, or adherence to a set of ideals where conformity already exists, through a normative thought process. Ideologies are systems of abstract thought applied to public matters and thus make this concept central to politics. Implicitly every political tendency entails an ideology whether or not it is propounded as an explicit system of thought. http://en.wikipedia.org/wiki/Ideology

Relevance.

· Nearly all politicians have an ideology. · Nearly all people have in their heads an ideology or a mixture of parts of different ones.

4 Reciprocal Altruism: A phenotype acting for, or in cooperation with, other phenotypes to which it is not closely genetically related, for benefit. Only found in the behavior of most advanced social species. Economic behavior is a way humans engage in reciprocal altruism virtually over space, and into future time. 5 Kinship Based Altruism: A phenotype acting for, or in cooperation with, other phenotypes to which it is closely genetically related. Common behavior trait of most life. 6 Tag-Mediated Contingent Altruism: Cooperation by phenotype with conspecifics that display shared labels, markings or other ques; sometimes referred to as “tags”. Found in social species.

7 Though the answer to this question is often skewered by ideological matters. The relationship between economic interest and ideology is complex. It is not a one way street in either direction. Another complication is "bounded rationality", http://en.wikipedia.org/wiki/Bounded_rationality 14 · Words and phrases commonly used by people with particular ideological views are often used to create public opinion, or to communicate with a given politician’s “base”. · Ideological words and phrases may be used to mask actual intent, or reasons for a position or vote. The ideological may be used to either mask or justify, an underlying economic interest of the user or their allies or contributors.

CAUTION Most of us adhere to one ideology or another. We often associate these with “political parties” we either like or dislike. The major political parties, or “independents” in the U.S. are not Ideologies. Those parties normally reflect a mix of ideologies.

If you read these references you may find it a confusing or irritating experience. This may be for the following reasons.

· These are not written from an “ideological” viewpoint8. They are intended to be neutral descriptions. Therefore, they may differ from your own point of view. · The use of words and terms in these may conflict with how they are used in your own ideology, or in common parlance today. That is because these are tied to dictionary uses and historical references.

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8 Well, almost. J Everything has some ideological ties it seems. These citations are from the online encyclopedia Wikipedia. The very idea of an encyclopedia arose during The Enlightenment. The primary concern of a legitimate encyclopedia is being fact based and accurate reflects Enlightenment philosophy that originated in much earlier classical Greek philosophy regarding “logos” (reason). 15 Existing Ideologies Extant in Wisconsin9 (Listed from younger to older)10

Producerism http://en.wikipedia.org/wiki/Producerism

Neoliberalism http://en.wikipedia.org/wiki/Neoliberalism

Conservative http://en.wikipedia.org/wiki/Libertarian_conservatism and http://en.wikipedia.org/wiki/Fusionism_(politics)

Modifers of the Above:

Post Niagara Bible Conference (1876 to 1897) Minority/Modifiers on the “Right”11

· Millennialism (for U.S. see links in the following link for Premillennialism and Postmillenialism) http://en.wikipedia.org/wiki/Millenialism

· Christian Reconstuctionism/Dominionism http://en.wikipedia.org/wiki/Dominionism http://en.wikipedia.org/wiki/Christian_Reconstructionism

9 Omitted existing ideologies are those not having direct influence in the Wisconsin’s political culture. Examples include, but are not limited to; . Socialism, , Anarchy, and the constellation of White Supremacy and Christian Identity based ones. Re White Supremacy, I will see after the 2016 Wisconsin Primary if I should consider adding it to the list. As an ideology in Wisconsin or add it as a modifier. I would be remiss not to mention, that in the first ½ of the 20th century, “socialism” played an important role in Wisconsin politics. “In the early 20th century, the of America had a base in . The phenomenon was referred to as "sewer socialism" because the elected officials were more concerned with public works and reform than with revolution (although existed in the city as well). Its influence faded in the late 1950s, largely because of the red scare and racial tensions. The first Socialist mayor of a large city in the United States was , elected mayor of Milwaukee in 1910; another Socialist, , was mayor of Milwaukee from 1916 to 1940; and a third, Frank P. Zeidler, from 1948–1960. Socialist newspaper editor Victor Berger was repeatedly elected as a U.S. Representative,” http://en.wikipedia.org/wiki/Wisconsin

10 I thought it would be good to list in a rough time of development order with the younger at the top. If you are not “Liberal (U.S. Variant)” you may question why I have that one listed as the oldest. There is a good historical reason. “Liberal” in late 1700’s North America was used to simply refer to the belief in the principles of The Enlightenment. Therefore, It was the dominant ideology of the founders. The first use of the term conservative ideologically in the U.S. was in the 1820’s in the term Liberal . That is what the opponents of Andre Jackson called themselves. “Liberal” was used in tandem with “conservative” because it meant you supported the Enlightenment and did not favor the British ( the common meaning of conservative at the time, in the U.S.). Perhaps the closest modern child of in the U.S. is Libertarianism in some ways. But technically, “Liberal Conservatism” is extinct in the U.S. and the term is considered by those not familiar with the Enlightenment to be an oxymoron. For those not familiar with The Enlightenment, you may want to read http://en.wikipedia.org/wiki/Age_of_Enlightenment 11 These are belief systems that effect a significant minority of members groups/parties that reflect Producerism, Neoliberalism, Conservative , Fusionism and Conservatism (U.S. variant). Evangelical (2006) and some variants of Millenialism may also be found in Liberalism (U.S. variant) and . 16 · Evangelical Environmentalism (2006) http://en.wikipedia.org/wiki/Evangelical_environmentalism

· Progressivism12 http://en.wikipedia.org/wiki/Progressivism_in_the_United_States

Conservatism, U.S. variant http://en.wikipedia.org/wiki/Conservatism_in_the_United_States

Liberalism, U.S. variant http://en.wikipedia.org/wiki/Liberalism_in_the_United_States

For general reference/historical perspective: Conservatism (generally) http://en.wikipedia.org/wiki/Conservatism Liberalism (generally) http://en.wikipedia.org/wiki/Liberalism

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12 A historical curiosity note. Progressivism is considered by many to have been born in Wisconsin. Also, its first famous adherents were mostly Republican, (Lafollette, Teddy Roosevelt, etc.). Also in the 1800’s If someone called you a “Libertarian”, they were saying you were an anarchist. See: http://en.wikipedia.org/wiki/Libertarianism and http://en.wikipedia.org/wiki/Anarchy . “Conservative Libertarianism” is of 20th century U.S. origin. 17 The 100,000 foot level view of the 2 largest isms in the Clash of Isms in Wisconsin

(Using the correct (political science) labels for the ideologies.

Neoliberalism

o Reduction in size of and domestic operation Call themselves: of government VS Conservatives o Privatization Called by other side: o Reduction or elimination of taxation Right Wing, Far Right, o Fairness is a state of Pareto Optimality; i.e. In Fascist the allocation of resources, it is impossible to make any one individual better off without making at least one other person worse off o Corporations have broad constitutional rights

Liberalism Call themselves: o Representative government Called by other side: o Protection of individual rights Liberals, Progressives, o Separation of religion and government Left Wing, Socialist o Market o Corporations only have constitutional rights of property and due process

For those interested in “Neoliberalism”,

I recommend the book Jones, Daniel Stedman, Masters of the Universe: Hayek, Friedman and the Birth of Neoliberal Politics, Princeton University Press (2012)

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